maheshcool
1

Hi,
Could anyone provide input on necessary steps to be taken for Termination of a "Protected workmen" on account of misconduct..
Is there any difference in approching these situations in comparison to other employees termination on account of misconduct?
Rgds
Mahesh
7259650011

From India, Mangaluru
Madhu.T.K
4240

There is no legal complication in terminating a protected workman for charges of misconduct provided the charges are proved in the enquiry. Section 33(3) of the Industrial Disputes Act only provides that while a dispute is pending conciliation before a conciliation officer or labour court or tribunal, he should not be terminated for his involvement in that dispute. The Act also provides that termination or transfer can be made after taking approval from the conciliation machinery under whom the dispute is being heard.
Madhu.T.K: PROTECTED WORKMEN
Madhu.T.K

From India, Kannur
snsitaram
37

Dear Mr. Mahesh, Industrial Disputes Act covered these provisions. You may go through and related case laws and this will provide to good understanding.
From India, Hyderabad
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